MEMORANDUM FOR THE SECRETARY OF DEFENSE THE ATTORNEY GENERAL

Thursday, December 10, 2009

SUBJECT: Directing Certain Actions with Respect to Acquisition and Use of
Thomson Correctional Center

By the authority vested in me by the Constitution and the laws of the United
States, including by article II, section 2, clause 1 of the Constitution,
which designates the President as Commander in Chief of the Army and Navy of
the United States, and by the Authorization for Use of Military Force, Public
Law 107-40, 115 Stat. 224, I hereby direct that the following actions be
taken with respect to the facility known as the Thomson Correctional Center
(TCC) in Thomson, Illinois:

1. The Secretary of Defense shall relocate detainees currently held at the
Guantanamo Detention Facility to the TCC as expeditiously as possible, to the
extent permitted by laws related to Guantanamo detainees, and consistent with
the findings in, and interagency Review established by, Executive Order 13492
of January 22, 2009.

2. The Attorney General shall as expeditiously as possible acquire and
activate the TCC as a United States Penitentiary, which the Attorney General
has determined would alleviate the Bureau of Prisons’ shortage of maximum
security cell space and could be used for other appropriate purposes. The
Attorney General shall also provide to the Department of Defense a sufficient
portion of the TCC to serve as a detention facility to be operated by the
Department of Defense, to accommodate the relocation of detainees by the
Secretary of Defense in accordance with paragraph 1 of this memorandum.

This memorandum is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.

The Secretary of Defense is authorized and directed to publish this
memorandum in the Federal Register.